By: Williams, Hinojosa  S.B. No. 14
         (In the Senate - Filed February 7, 2013; February 13, 2013,
  read first time and referred to Committee on Finance; May 8, 2013,
  reported adversely, with favorable Committee Substitute by the
  following vote:  Yeas 10, Nays 3, 1 present not voting;
  May 8, 2013, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 14 By:  Williams
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the fiscal transparency and accountability of certain
  entities responsible for public money.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 46, Education Code, is amended by adding
  Subchapter D to read as follows:
  SUBCHAPTER D. PUBLIC INFORMATION REGARDING FACILITIES
         Sec. 46.101.  AVAILABILITY OF INFORMATION REGARDING
  FACILITIES. (a)  For the purpose of providing information to the
  public regarding district or school facilities usage and taxpayer
  value, a school district or open-enrollment charter school shall:
               (1)  report data elements specified by commissioner
  rule to the agency through the Texas Student Data System (TSDS) or a
  successor data management system maintained by the agency; and
               (2)  provide a direct link on the district's or school's
  Internet website to the Texas Student Data System (TSDS) or a
  successor data management system maintained by the agency through
  which the facilities information relevant to the specific district
  or school may be readily accessed.
         (b)  The commissioner shall adopt rules necessary to
  implement this section, including rules ensuring that the Texas
  Student Data System (TSDS) or a successor data management system
  maintained by the agency includes appropriate data elements
  regarding school facilities usage and taxpayer value.
         (c)  The commissioner shall adopt rules for purposes of
  Subsection (b) based on the recommendations of the Taxpayer Value
  and School Facilities Usage Advisory Committee established under
  Section 46.102. This subsection expires September 1, 2017.
         Sec. 46.102.  TAXPAYER VALUE AND SCHOOL FACILITIES USAGE
  ADVISORY COMMITTEE. (a)  The Taxpayer Value and School Facilities
  Usage Advisory Committee is established to serve the function
  specified by this section.
         (b)  The committee consists of:
               (1)  the commissioner and the comptroller, who serve as
  co-chairs of the committee; and
               (2)  the following persons, appointed jointly by the
  commissioner and comptroller from lists of persons recommended by
  the lieutenant governor and speaker of the house of
  representatives:
                     (A)  a current school board member;
                     (B)  a current school district administrator;
                     (C)  a current public school teacher;
                     (D)  a parent of a student currently enrolled in a
  public school;
                     (E)  a representative of the school construction
  industry, who may be an engineer, architect, or contractor;
                     (F)  a representative of the construction
  industry who does not work on school construction, who may be an
  engineer, architect, or contractor; and
                     (G)  a member of the public.
         (c)  The lieutenant governor and speaker of the house of
  representatives shall submit to the commissioner and comptroller
  lists of persons recommended for appointment to the committee not
  later than October 15, 2013. The lists must include recommended
  persons for each position described in Subsections (b)(2)(A)-(G).
  The commissioner and comptroller shall make the appointments
  required by Subsection (b) not later than December 1, 2013.
         (d)  The committee shall meet to develop recommendations
  regarding the data that should be considered in evaluating a school
  district's or open-enrollment charter school's facility usage and
  taxpayer value with regard to school facility construction and
  renovation.  The committee shall hold its initial meeting as soon as
  possible after the committee members are selected, but not later
  than January 15, 2014.
         (e)  Not later than December 31, 2014, the committee shall
  develop its final recommendations and submit a report to the
  governor, lieutenant governor, and speaker of the house of
  representatives. The committee shall also make the report
  available electronically to members of the legislature.
         (f)  Based on the recommendations developed by the
  committee, the commissioner shall:
               (1)  ensure that the Texas Student Data System (TSDS)
  or a successor data management system maintained by the agency
  includes appropriate data elements regarding school facilities;
  and
               (2)  adopt rules for purposes of Section 46.101.
         (g)  A committee member is not entitled to reimbursement of
  expenses or to compensation.
         (h)  Chapter 2110, Government Code, does not apply to the
  committee.
         (i)  This section expires September 1, 2017.
  SECTION 2.  Section 51.005, Education Code, is amended to
  read as follows:
         Sec. 51.005.  ANNUAL FINANCIAL REPORT [REPORTS].  (a)  Each
  institution of higher education shall:
               (1)  prepare a complete annual financial report as
  prescribed by Section 2101.011, Government Code; and
               (2)  take action to ensure that the institution's most
  recent annual financial report is posted continuously on the
  institution's Internet website.
         (b)  Not later than November 30 of each year, each
  institution of higher education shall take action to ensure that a
  report showing the amount and a description of the institution's
  outstanding debt on the last day of the preceding state fiscal year
  is posted on the institution's Internet website. For a university
  system, the report must show the aggregate outstanding debt for the
  system and, to the extent that the debt is attributable to a
  specific institution, the outstanding debt for each system
  institution.  In this subsection, "university system" has the
  meaning assigned by Section 61.003.
         (c)  Each institution of higher education shall maintain or
  cause to be maintained an Internet website to comply with this
  section.
         SECTION 3.  Subchapter C, Chapter 61, Education Code, is
  amended by adding Section 61.0621 to read as follows:
         Sec. 61.0621.  JUNIOR COLLEGE DISTRICT CONSTRUCTION COST
  REPORTING. (a)  The board shall require each junior college
  district to report building construction costs and related
  information to the board for the purpose of determining:
               (1)  the average cost per square foot, adjusted for
  inflation for the region of the state in which the project is
  located; and
               (2)  the average cost per full-time equivalent student
  for each junior college district.
         (b)  The board, in consultation with the governing boards of
  the state's junior college districts, shall prescribe the form,
  manner, and times of reports required under this section.
         (c)  The board shall compile the information reported under
  Subsection (a) for all junior college districts and periodically
  report its findings to the districts.  The board and each junior
  college district shall take action to ensure that the board's
  findings are posted on each respective entity's Internet website.
         (d)  The board shall adopt rules for the administration of
  this section.
         (e)  In administering this section, the board shall attempt
  to avoid duplicating other reporting requirements applicable to
  junior college districts.
         (f)  Each junior college district shall maintain or cause to
  be maintained an Internet website to comply with this section.
         SECTION 4.  Subchapter B, Chapter 403, Government Code, is
  amended by adding Section 403.0117 to read as follows:
         Sec. 403.0117.  LOCAL TAX RATES PUBLISHED ON INTERNET.
  (a)  The comptroller shall publish on the comptroller's Internet
  website, listed by county:
               (1)  the name of each political subdivision that
  imposes a sales and use tax and the sales and use tax rate for the
  political subdivision; and
               (2)  the tax rate information reported to the
  comptroller by each county assessor-collector under Section
  26.16(e), Tax Code.
         (b)  The comptroller shall update the information described
  by Subsection (a) at least annually.
         SECTION 5.  Section 1202.008, Government Code, is amended to
  read as follows:
         Sec. 1202.008.  COLLECTION AND REPORT OF INFORMATION ON
  LOCAL [PUBLIC] SECURITIES [OF POLITICAL SUBDIVISIONS]. (a)  In
  this section, "local security" has the meaning assigned by Section
  1231.001.
         (b)  In reviewing local [public] securities under this
  chapter, the attorney general shall [may] collect, in the form
  required by the Bond Review Board, information on each local
  security [public securities issued by a municipal corporation or
  political subdivision of this state].
         (c) [(b)]  The information must include:
               (1)  the terms of each local security [the public
  securities];
               (2)  the debt service payable on each local security 
  [the public securities]; and
               (3)  other information required by the Bond Review
  Board.
         (d) [(c)]  The attorney general shall send the information
  regarding each local security to the Bond Review Board not later
  than the fifth day before the date the attorney general approves the
  local security under Section 1202.003 [for inclusion in the board's
  report of debt statistics under Section 1231.062].
         (e)  If an issuer has not provided the information required
  by Subsection (c), the bond finance office at the Bond Review Board
  shall notify the person listed as the contact for the issuer.  The
  notice must be in writing, describe the information that must be
  submitted to the bond finance office, and inform the issuer that the
  issuer will be placed on the noncompliance list if the information
  is not provided as required by this subsection.  An issuer must
  provide the information described in the notice to the bond finance
  office not later than the 90th day after the date the issuer
  receives the notice.  The bond finance office and the attorney
  general shall maintain a noncompliance list of issuers that do not
  provide the information in the manner provided by this subsection.
         (f)  The attorney general may not approve a local security
  under Section 1202.003 submitted by an issuer that is included on
  the noncompliance list described by Subsection (e) until the
  attorney general receives written notification from the bond
  finance office at the Bond Review Board that the office:
               (1)  has received the information required by
  Subsection (c); or
               (2)  has agreed to a later date for the submission of
  the information.
         SECTION 6.  The heading to Subtitle B, Title 9, Government
  Code, is amended to read as follows:
  SUBTITLE B.  PROVISIONS APPLICABLE TO PUBLIC SECURITIES [ISSUED BY
  STATE GOVERNMENT]
         SECTION 7.  Section 1231.001, Government Code, is amended by
  adding Subdivision (4) to read as follows:
               (4)  "Local security" means a public security as
  defined by Section 1201.002, other than a state security.
         SECTION 8.  Subchapter B, Chapter 1231, Government Code, is
  amended by adding Section 1231.024 to read as follows:
         Sec. 1231.024.  CONTRACTS TO COLLECT INFORMATION. The board
  may enter into one or more contracts to procure services to collect
  and maintain information regarding the indebtedness of state
  agencies and local governments.
         SECTION 9.  Subsection (b), Section 1231.062, Government
  Code, is amended to read as follows:
         (b)  A report must include:
               (1)  total debt service as a percentage of total
  expenditures;
               (2)  ad valorem tax-supported debt [service as a
  percentage of general revenue expenditure];
               (3)  [per capita] total revenue obligations [debt];
               (4)  ad valorem [per capita tax-supported debt;
               [(5)     total debt and tax-supported debt as a percentage
  of personal income;
               [(6)  total personal income per capita;
               [(7)     total debt per capita as a percentage of total
  personal income per capita;
               [(8)  total debt and] tax-supported debt as a
  percentage of real property valuations;
               (5)  [(9)     total debt and tax-supported debt as a
  percentage of annual revenues and expenditures;
               [(10)]  principal scheduled [required] to be repaid in
  five years and [principal required to be repaid] in 10 years;
               (6)  [(11)     growth rates of total debt per capita and
  total debt per dollar of personal income;
               [(12)]  recent issuances [trends in the issuance] of
  short-term notes;
               (7) [(13)]  recent trends in issuance costs;
               (8) [(14)]  savings from recent refundings;
               (9)  debt outstanding [(15) recent trends in
  capitalized interest use;
               [(16)  debt service coverage ratios, if applicable];
  and
               (10) [(17)]  other information the board considers
  relevant.
         SECTION 10.  The heading to Section 1231.102, Government
  Code, is amended to read as follows:
         Sec. 1231.102.  STATE SECURITIES ANNUAL REPORT.
         SECTION 11.  Subchapter F, Chapter 1231, Government Code, is
  amended by adding Sections 1231.104 and 1231.105 to read as
  follows:
         Sec. 1231.104.  LOCAL SECURITIES ANNUAL REPORT. Not later
  than the 180th day after the last day of each state fiscal year, the
  bond finance office shall publish a report listing:
               (1)  the amount of local securities outstanding;
               (2)  applicable repayment schedules; and
               (3)  other information the office considers relevant.
         Sec. 1231.105.  ONLINE ANNUAL LOCAL DEBT STATISTICS REPORT.
  Not later than the 150th day after the last day of each state fiscal
  year, the bond finance office shall publish on the office's
  Internet website a report that includes the statistical information
  listed in Section 1231.062(b) for all local securities for the
  preceding fiscal year.
         SECTION 12.  Chapter 1251, Government Code, is amended by
  designating Sections 1251.001, 1251.002, 1251.003, 1251.004,
  1251.005, and 1251.006 as Subchapter A and adding a heading to
  Subchapter A to read as follows:
  SUBCHAPTER A.  COUNTIES AND MUNICIPALITIES
         SECTION 13.   Chapter 1251, Government Code, is amended by
  adding Subchapter B to read as follows:
  SUBCHAPTER B.  BOND MATTERS AFFECTING MORE THAN ONE TYPE OF
  POLITICAL SUBDIVISION
         Sec. 1251.051.  DEFINITIONS. In this subchapter:
               (1)  "Debt obligation" means an issued public security,
  as defined by Section 1201.002, secured by property taxes.
               (2)  "Political subdivision" means a county,
  municipality, school district, junior college district, other
  special district, or other subdivision of state government.
               (3)  "Secured self-supporting debt obligation" means a
  debt obligation secured by property taxes but payable from revenue
  from another source.
         Sec. 1251.052.  PUBLIC HEARING; VOTER INFORMATION DOCUMENT.
  (a)  Before a political subdivision may hold an election to
  authorize the issuance of bonds, the governing body of the
  political subdivision must conduct a public hearing at which
  persons interested in the issuance of the bonds are given the
  opportunity to be heard.  The governing body must hold the hearing
  not earlier than the day the governing body adopts the election
  order or later than the first day before the date the period for
  early voting by personal appearance begins for the election, as
  determined under Section 85.001, Election Code.
         (b)  Not earlier than the 30th day or later than the 15th day
  before the date of the hearing, the political subdivision must
  provide the notice of the hearing and each voter information
  document described by Subsection (c):
               (1)  by:
                     (A)  publication in at least one newspaper of
  general circulation in the county in which the political
  subdivision is wholly or primarily located;
                     (B)  inclusion in the political subdivision's
  newsletter or circular mailed or delivered to each registered voter
  in the political subdivision; or
                     (C)  mail or hand delivery to each registered
  voter in the political subdivision; and
               (2)  if the political subdivision has at least 250
  registered voters, by:
                     (A)  posting the notice and each document on:
                           (i)  the political subdivision's Internet
  website; or
                           (ii)  a website as authorized by Section
  1251.054(b)(2); or
                     (B)  electronically submitting the notice and
  each document as authorized by Section 1251.055(c)(2) or
  1251.056(c).
         (c)  The political subdivision must prepare a separate voter
  information document for each proposition to be discussed at the
  hearing.  Each voter information document must distinctly state:
               (1)  the language that will appear on the ballot;
               (2)  the purpose for which the bonds are to be
  authorized;
               (3)  that taxes sufficient to pay the annual principal
  of and interest on the bonds may be imposed;
               (4)  the maximum rate of interest for the bonds to be
  authorized;
               (5)  the maturity date of the bonds to be authorized or
  that the bonds may be issued to mature over a specified number of
  years not to exceed the maximum number of years authorized by law;
               (6)  the following information formatted as a table:
                     (A)  the property tax debt rate expressed in
  dollars per $100 valuation of all taxable property in the political
  subdivision, stated as:
                           (i)  the existing rate;
                           (ii)  the estimated rate if the bonds are
  authorized; and
                           (iii)  the estimated increase in the rate if
  the bonds are authorized; and
                     (B)  the amount expressed in dollars of the
  property tax debt levy of the political subdivision per residence
  with a taxable value of $100,000, stated as:
                           (i)  the existing levy;
                           (ii)  the estimated levy if the bonds are
  authorized; and
                           (iii)  the estimated increase in the levy if
  the bonds are authorized;
               (7)  the following information formatted as a second
  table and stated as a total amount and, if the political subdivision
  is a municipality, county, or school district, as a per capita
  amount:
                     (A)  the principal of the bonds to be authorized;
                     (B)  the estimated interest for the bonds to be
  authorized;
                     (C)  the estimated combined principal and
  interest required to pay on time and in full the bonds to be
  authorized; and
                     (D)  as of the date the political subdivision
  adopts the bond election order:
                           (i)  the principal of all outstanding debt
  obligations of the political subdivision secured by and payable
  from property taxes;
                           (ii)  the estimated remaining interest of
  all outstanding debt obligations of the political subdivision
  secured by and payable from property taxes; and
                           (iii)  the estimated combined principal and
  interest required to pay on time and in full all outstanding debt
  obligations of the political subdivision secured by and payable
  from property taxes;
               (8)  the following information as of the date the
  political subdivision adopts the bond election order, formatted as
  a third table:
                     (A)  the principal of all outstanding secured
  self-supporting debt obligations of the political subdivision;
                     (B)  the estimated remaining interest of all
  outstanding secured self-supporting debt obligations of the
  political subdivision; and
                     (C)  the estimated combined principal and
  interest required to pay on time and in full all outstanding secured
  self-supporting debt obligations of the political subdivision; and
               (9)  any other information that the political
  subdivision considers relevant or necessary to explain the values
  required by Subdivisions (4)-(8), including:
                     (A)  an amount required by Subdivision (7) stated
  as a per capita amount if the political subdivision is not required
  to provide the amount under Subdivision (7);
                     (B)  an explanation of the payment sources for the
  different types of debt; and
                     (C)  a value for the following expressed as a good
  faith projection as of the last day of the maximum term of the bonds
  to be authorized:
                           (i)  a per capita amount required by
  Subdivision (7);
                           (ii)  an estimated rate required by
  Subdivision (6)(A)(ii); and
                           (iii)  an estimated levy required by
  Subdivision (6)(B)(ii).
         (d)  Each voter information document required by Subsection
  (c) must be printed:
               (1)  on not more than two pages that are not wider than
  8-1/2 inches and not longer than 14 inches;
               (2)  in type not smaller than 12-point type; and
               (3)  in the form prescribed by the secretary of state.
         (e)  The governing body of the political subdivision must
  make a copy of each voter information document available to each
  individual attending the hearing.
         (f)  The secretary of state by rule shall prescribe the form
  of a voter information document.
         (g)  The Texas Ethics Commission shall provide guidelines
  for political subdivisions regarding how to conduct a hearing under
  this section and how to provide additional information on the form
  prescribed by the secretary of state under Subsection (f) without
  violating electioneering and political advertising laws, including
  Section 255.003, Election Code, and Section 11.169, Education Code.
         (h)  A good faith estimate or projection in a voter
  information document, and a good faith assumption made to determine
  the estimate or projection, of an estimate required by Subsections
  (c)(6)-(8) or an estimate or projection authorized by Subsection
  (c)(9) does not constitute a breach of contract with the voters
  solely because the assumption, estimate, or projection is later
  determined to be incorrect.
         Sec. 1251.053.  ONLINE SAMPLE BALLOT. The governing body of
  a political subdivision that has at least 250 registered voters
  shall take action to ensure that a sample of the ballot printed for
  an election to authorize a political subdivision to issue bonds is
  posted or submitted in a manner required by Section 1251.052(b)(2)
  as soon as practicable after the official ballots have been
  prepared and remains posted until the day following the election.
         Sec. 1251.054.  INTERNET WEBSITE.  (a)  This section applies
  only to a political subdivision that has at least 250 registered
  voters.  Except as provided by Subsection (b), a political
  subdivision shall maintain or cause to be maintained an Internet
  website to comply with this subchapter.
         (b)  This subsection does not apply to a county or
  municipality with a population of more than 2,000 or a school
  district or a junior college district. If a political subdivision
  did not maintain an Internet website or cause a website to be
  maintained on January 1, 2013, the political subdivision shall post
  the information required by Section 1251.052 on:
               (1)  the political subdivision's website, if the
  political subdivision chooses to maintain the website or cause the
  website to be maintained; or
               (2)  a website in which the political subdivision
  controls the content of the posting, including a social media site,
  provided that the information is easily found by searching the name
  of the political subdivision on the Internet.
         Sec. 1251.055.  ALTERNATIVE POSTING REQUIREMENT FOR CERTAIN
  WATER DISTRICTS. (a)  This section applies only to a political
  subdivision that has at least 250 registered voters and that is a
  district as defined by Section 49.001(1), Water Code.
         (b)  Notwithstanding any other provision of this subchapter,
  a political subdivision that is required by this subchapter to post
  information on a website may satisfy the posting requirement as
  provided by Subsection (c).
         (c)  A political subdivision may:
               (1)  post the information required by this subchapter
  on a website authorized by Section 1251.054; or
               (2)  electronically submit the information to the
  executive director of the Texas Commission on Environmental Quality
  to be posted on the commission's Internet website on a web page
  dedicated to the political subdivision, provided that the web page:
                     (A)  is easily located by searching the name of
  the political subdivision on the Internet; or
                     (B)  is linked or automatically opened from a web
  address maintained or caused to be maintained by the political
  subdivision that is easily located by searching the name of the
  political subdivision on the Internet.
         (d)  A website described by Subsection (c)(2) or Section
  1251.054(b)(2), and a web address described by Subsection
  (c)(2)(B), are not websites maintained by a political subdivision
  for the purpose of other law.
         Sec. 1251.0555.  TEMPORARY PROVISION:  EFFECTIVE DATE OF
  CERTAIN PROVISIONS RELATING TO CERTAIN WATER DISTRICTS. (a)  This
  section applies only to a political subdivision that is a district
  as defined by Section 49.001(1), Water Code.
         (b)  A requirement in this subchapter that a political
  subdivision post on a website or electronically submit to the
  executive director of the Texas Commission on Environmental Quality
  a notice, voter information document, or ballot applies to an
  election called by the governing body of a political subdivision on
  or after September 1, 2014.
         (c)  This section expires September 1, 2015.
         Sec. 1251.056.  ALTERNATIVE POSTING REQUIREMENT FOR SMALL
  COUNTIES AND MUNICIPALITIES. (a)  This section applies only to:
               (1)  a county with a population of 10,200 or less; and
               (2)  a municipality with a population of 5,000 or less.
         (b)  Notwithstanding any other provision of this subchapter,
  a county or municipality that is required by this subchapter to post
  information on a website may satisfy the posting requirement as
  provided by Subsection (c).
         (c)  A county or municipality may electronically submit
  information required by this subchapter to be posted on a website to
  the comptroller to be posted on the comptroller's Internet website,
  provided that the web page on which the information may be viewed:
               (1)  is easily located by searching the name of the
  county or municipality on the Internet; or
               (2)  is linked or automatically opened from a web
  address maintained or caused to be maintained by the county or
  municipality that is easily located by searching the name of the
  county or municipality on the Internet.
         (d)  A website or web address described by Subsection (c) is
  not a website maintained by a county or municipality for the purpose
  of other law.
         SECTION 14.  Section 140.005, Local Government Code, is
  transferred to Subchapter D, Chapter 12, Education Code,
  redesignated as Section 12.1191, Education Code, and amended to
  read as follows:
         Sec. 12.1191  [140.005].  ANNUAL FINANCIAL STATEMENT OF
  CHARTER SCHOOL[, ROAD, OR OTHER DISTRICT].  (a)  The governing body
  of an [a school district,] open-enrollment charter school[, junior
  college district, or a district or authority organized under
  Article III, Section 52, or Article XVI, Section 59, of the Texas
  Constitution,] shall prepare an annual financial statement showing
  for each fund subject to the authority of the governing body during
  the fiscal year:
               (1)  the total receipts of the fund, itemized by source
  of revenue, including taxes, assessments, service charges, grants
  of state money, gifts, or other general sources from which funds are
  derived;
               (2)  the total disbursements of the fund, itemized by
  the nature of the expenditure; and
               (3)  the balance in the fund at the close of the fiscal
  year.
         (b)  The governing body of an open-enrollment charter school
  shall take action to ensure that the school's annual financial
  statement is made available in the manner provided by Chapter 552,
  Government Code, and is posted continuously on the school's
  Internet website.
         (c)  An open-enrollment charter school shall maintain or
  cause to be maintained an Internet website to comply with this
  section.
         SECTION 15.  Chapter 140, Local Government Code, is amended
  by adding Section 140.008 to read as follows:
         Sec. 140.008.  ANNUAL FINANCIAL REPORT; DEBT INFORMATION.  
  (a)  In this section:
               (1)  "Comparable financial report" means the most
  recent financial report, financial statement, audit, exhibit, or
  other comparable report that a county or municipality is required
  by other law to prepare, provided that the report includes the
  information required by Subsection (c).
               (2)  "Debt obligation" means an issued public security,
  as defined by Section 1201.002, Government Code, secured by
  property taxes.
               (3)  "Political subdivision" means a county,
  municipality, school district, junior college district, other
  special district, or other subdivision of state government.
         (b)  This section does not apply to a district as defined by
  Section 49.001(1), Water Code.
         (c)  Except as provided by Subsections (d) and (e), a
  political subdivision shall prepare an annual financial report that
  includes:
               (1)  financial information for each fund subject to the
  authority of the governing body of the political subdivision during
  the fiscal year, including:
                     (A)  the total receipts of the fund;
                     (B)  the total disbursements of the fund;
                     (C)  the balance in the fund as of the last day of
  the fiscal year; and
                     (D)  any other information required by law to be
  included by the political subdivision in an annual financial report
  or comparable annual financial statement, exhibit, or report;
               (2)  as of the last day of the preceding fiscal year,
  the following information for the political subdivision expressed
  as a total amount and, if the political subdivision is a
  municipality, county, or school district, as a per capita amount:
                     (A)  the amount of all authorized debt
  obligations;
                     (B)  the principal of all outstanding debt
  obligations;
                     (C)  the principal of each outstanding debt
  obligation;
                     (D)  the combined principal and interest required
  to pay all outstanding debt obligations on time and in full; and
                     (E)  the combined principal and interest required
  to pay each outstanding debt obligation on time and in full;
               (3)  as of the last day of the preceding fiscal year,
  the following for each debt obligation:
                     (A)  the issued and unissued amount; and
                     (B)  the spent and unspent amount;
               (4)  the maturity date for each debt obligation;
               (5)  the stated purpose for which each debt obligation
  was authorized; and
               (6)  any other information that the political
  subdivision considers relevant or necessary to explain the values
  required by Subdivision (2), including:
                     (A)  an amount stated as a per capita amount if the
  political subdivision is not required to provide the amount under
  Subdivision (2);
                     (B)  an explanation of the payment sources for the
  different types of debt; and
                     (C)  a projected per capita amount of an amount
  required by Subdivision (2), as of the last day of the maximum term
  of the most recent debt obligation issued by the political
  subdivision.
         (d)  Instead of replicating in the annual financial report
  information required by Subsection (c) that is posted separately on
  the political subdivision's Internet website, or on a website as
  authorized by Subsection (h)(2), the political subdivision may
  provide in the report a direct link to, or a clear statement
  describing the location of, the separately posted information.
         (e)  As an alternative to preparing an annual financial
  report, a political subdivision may provide to the comptroller the
  information described by Subsection (c) and any other related
  information required by the comptroller in the form and in the
  manner prescribed by the comptroller.  The comptroller shall post
  the information on the comptroller's Internet website in the format
  that the comptroller determines is appropriate.  The political
  subdivision shall provide a link from the political subdivision's
  website, or a website as authorized by Subsection (h)(2), to the
  location on the comptroller's website where the political
  subdivision's financial information may be viewed.  The comptroller
  shall adopt rules necessary to implement this subsection.
         (f)  Except as provided by Subsection (e), the governing body
  of a political subdivision shall take action to ensure that:
               (1)  the political subdivision's annual financial
  report is:
                     (A)  made available for inspection by any person;
  and
                     (B)  if the political subdivision has at least 250
  registered voters:
                           (i)  posted continuously on the political
  subdivision's Internet website until the political subdivision
  posts the next annual financial report; or
                           (ii)  posted continuously on a website as
  authorized by Subsection (h)(2) until the political subdivision
  posts the next annual financial report; and
               (2)  if the political subdivision has at least 250
  registered voters, the contact information for the main office of
  the political subdivision is continuously posted on the website,
  including the physical address, the mailing address, the main
  telephone number, and an e-mail address.
         (g)  This subsection applies only to a political subdivision
  that has at least 250 registered voters.  Except as provided by
  Subsection (h), a political subdivision shall maintain or cause to
  be maintained an Internet website to comply with this section.
         (h)  This subsection applies only to a political subdivision
  that has at least 250 registered voters.  This subsection does not
  apply to a county or municipality with a population of more than
  2,000 or a school district or a junior college district. If a
  political subdivision did not maintain an Internet website or cause
  a website to be maintained on January 1, 2013, the political
  subdivision shall post the information required by this section on:
               (1)  the political subdivision's website, if the
  political subdivision chooses to maintain the website or cause the
  website to be maintained; or
               (2)  a website in which the political subdivision
  controls the content of the posting, including a social media site,
  provided that the information is easily found by searching the name
  of the political subdivision on the Internet.
         (i)  Notwithstanding any other provision of this section, a
  county or municipality required to prepare an annual financial
  report under this section and post information described by
  Subsection (c) on an Internet website may satisfy those
  requirements by:
               (1)  posting the comparable financial report of the
  county or municipality, as applicable, on:
                     (A)  the website of the county or municipality, as
  applicable; or
                     (B)  a website as authorized by Subsection (h)(2);
  or
               (2)  electronically submitting the comparable
  financial report of the county or municipality, as applicable, to
  the comptroller to be posted on the comptroller's website, provided
  that the web page on which the document may be viewed:
                     (A)  is easily located by searching the name of
  the county or municipality on the Internet; or
                     (B)  is linked or automatically opened from a web
  address maintained or caused to be maintained by the county or
  municipality that is easily located by searching the name of the
  county or municipality on the Internet.
         (j)  A website or web address described by Subsection
  (i)(1)(B) or (i)(2) is not a website maintained by a political
  subdivision for the purpose of other law.
         SECTION 16.  Section 271.047, Local Government Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  Except as provided by this subsection, the governing
  body of an issuer may not authorize a certificate to pay a
  contractual obligation to be incurred if a bond proposition to
  authorize the issuance of bonds for the same purpose was submitted
  to the voters during the preceding three years and failed to be
  approved.  A governing body may authorize a certificate that the
  governing body is otherwise prohibited from authorizing under this
  subsection:
               (1)  in a case described by Sections 271.056(1)-(3);
  and
               (2)  to comply with a state or federal law, rule, or
  regulation if the political subdivision has been officially
  notified of noncompliance with the law, rule, or regulation.
         SECTION 17.  Section 271.049, Local Government Code, is
  amended by amending Subsections (a), (b), and (d) and adding
  Subsections (e), (f), and (g) to read as follows:
         (a)  Regardless of the sources of payment of certificates,
  certificates may not be issued unless the issuer publishes notice
  of its intention to issue the certificates.  The notice must be
  published:
               (1)  once a week for two consecutive weeks in a
  newspaper, as defined by Subchapter C, Chapter 2051, Government
  Code, that is of general circulation in the area of the issuer, with
  the date of the first publication to be before the 30th day before
  the date tentatively set for the passage of the order or ordinance
  authorizing the issuance of the certificates; and
               (2)  continuously on the issuer's Internet website, or
  on a website as authorized by Subsection (f)(2), for at least 30
  days before the date tentatively set for the passage of the order or
  ordinance authorizing the issuance of the certificates and until
  the first day after the date the issuer adopts the order or
  ordinance.
         (b)  The notice must state:
               (1)  the time and place tentatively set for the passage
  of the order or ordinance authorizing the issuance of the
  certificates;
               (2)  the [maximum amount and] purpose of the
  certificates to be authorized; [and]
               (3)  the manner in which the certificates will be paid
  for, whether by taxes, revenues, or a combination of the two;
               (4)  as of the date the issuer adopts the order or
  ordinance, the principal of all outstanding debt obligations of the
  issuer;
               (5)  as of the date the issuer adopts the order or
  ordinance, the estimated remaining interest of all outstanding debt
  obligations of the issuer;
               (6)  as of the date the issuer adopts the order or
  ordinance, the estimated combined principal and interest required
  to pay all outstanding debt obligations of the issuer on time and in
  full;
               (7)  the maximum principal of the certificates to be
  authorized; and
               (8)  the process by which a petition may be submitted
  requesting an election on the issuance of the certificates, in the
  following form:
         "Five percent of the qualified voters of (name of issuer) may
  petition to require an election to be held authorizing the issuance
  of certificates of obligation by delivering a signed petition to
  the (insert "secretary or clerk" if the issuer is a municipality, or
  "county clerk" if the issuer is a county) of (name of issuer)  
  before the date the governing body has set for the authorization of
  the certificates of obligation. Information about the requirements
  of the petition may be obtained from the (insert "secretary or
  clerk" if the issuer is a municipality, or "county clerk" if the
  issuer is a county) of (name of issuer)."[.]
         (d)  This section does not apply to certificates issued for
  the purposes described by Sections 271.056(1)-(3)
  [271.056(1)-(4)].
         (e)  Except as provided by Subsection (f), an issuer shall
  maintain or cause to be maintained an Internet website to comply
  with this section.
         (f)  This subsection does not apply to a county or
  municipality with a population of more than 2,000. If an issuer did
  not maintain an Internet website or cause a website to be maintained
  on January 1, 2013, the issuer shall post the information required
  by Subsection (b) on:
               (1)  the issuer's website, if the issuer chooses to
  maintain the website or cause the website to be maintained; or
               (2)  a website in which the issuer controls the content
  of the posting, including a social media site, provided that the
  information is easily found by searching the name of the issuer on
  the Internet.
         (g)  In this section, "debt obligation" means an issued
  public security, as defined by Section 1201.002, Government Code,
  secured by property taxes.
         SECTION 18.  Subtitle C, Title 12, Local Government Code, is
  amended by adding Chapter 399 to read as follows:
  CHAPTER 399.  COMPREHENSIVE REVIEW OF CERTAIN SPECIAL DISTRICTS
         Sec. 399.001.  DEFINITION. In this chapter, "special
  district" means a political subdivision of this state that has a
  limited geographic area, is created by local law or under general
  law for a special purpose, and is authorized to impose a tax,
  assessment, or fee.  The term does not include:
               (1)  a school district;
               (2)  a junior college district; or
               (3)  a political subdivision that receives financial
  assistance through the state water implementation fund created by
  the 83rd Legislature, Regular Session, 2013.
         Sec. 399.002.  COMPREHENSIVE REVIEW REQUIRED. (a)  At least
  once every six years, the governing body of a special district that
  has outstanding debt or imposes a tax, assessment, or fee shall
  conduct a comprehensive review of the district under this chapter.
         (b)  The governing body of a special district that issues
  debt or imposes a tax, assessment, or fee for the first time on or
  after September 1, 2013, shall conduct the first comprehensive
  review not later than the third anniversary of the date the
  governing body issues the debt or imposes the tax, assessment, or
  fee.
         Sec. 399.003.  COMPREHENSIVE SELF-EVALUATION REPORT.
  (a)  After conducting the review, the governing body must prepare a
  written self-evaluation report not later than the 30th day before
  the date of the public hearing required by Section 399.005.
         (b)  Except as provided by Subsection (c), the
  self-evaluation report must include:
               (1)  an identification of the statutory provision
  authorizing the creation of the special district;
               (2)  an identification of the purpose of the special
  district and an assessment of the extent to which the purpose has
  been achieved, has not been achieved, or is continuing to be
  achieved;
               (3)  an identification of the improvements and services
  provided by the special district and whether those improvements and
  services are provided by other governmental entities;
               (4)  a general description of any penalty and
  identification of each tax, assessment, or fee that the special
  district imposes or collects or has imposed or collected;
               (5)  a statement of the amount of revenue collected by
  the special district in each of the preceding six fiscal years, and
  an assessment of whether the amount is sufficient, is insufficient,
  or exceeds the amount needed to accomplish the purpose of the
  district; and
               (6)  an identification of the special district's
  financial liabilities, including bonds and other obligations.
         (c)  Instead of replicating in the self-evaluation report
  information required by Subsection (b) that is posted separately on
  the special district's Internet website, or on a website as
  authorized by Section 399.006(b)(2) or 399.007(c)(2), the district
  may provide in the report a direct link to, or a clear statement
  describing the location of, the separately posted information.
         (d)  The special district must make the self-evaluation
  report available for inspection in the manner provided by Chapter
  552, Government Code.
         (e)  Except as provided by Subsection (f), a special district
  that has at least 250 registered voters must ensure that the
  self-evaluation report is posted continuously on the district's
  Internet website, or on a website as authorized by Section
  399.006(b)(2), beginning not later than the 30th day before the
  date of the public hearing required by Section 399.005 and until the
  first anniversary of the date the public hearing is held.
         (f)  A special district that has at least 250 registered
  voters and that is a district as defined by Section 49.001(1), Water
  Code, shall:
               (1)  post the self-evaluation in the manner provided by
  Subsection (e); or
               (2)  electronically submit the report to the executive
  director of the Texas Commission on Environmental Quality not later
  than the 30th day before the date of the public hearing required by
  Section 399.005.
         (g)  The executive director of the Texas Commission on
  Environmental Quality shall, as soon as practicable, post a
  self-evaluation report submitted under Subsection (f)(2)
  continuously on the commission's Internet website until the first
  anniversary of the date the public hearing required by Section
  399.005 is held.
         Sec. 399.004.  NOTICE OF HEARING. (a)  The special district
  must provide notice of the public hearing required by Section
  399.005 not earlier than the 30th day or later than the 15th day
  before the date of the hearing.  The district must:
               (1)  publish the notice in at least one newspaper of
  general circulation in the county in which the district is located;
  and
               (2)  if the district has at least 250 registered
  voters:
                     (A)  post the notice until the conclusion of the
  hearing on:
                           (i)  the district's Internet website; or
                           (ii)  a website as authorized by Section
  399.006(b)(2); or
                     (B)  electronically submit the notice as
  authorized by Section 399.007(c)(2) to be posted until the
  conclusion of the hearing.
         (b)  The notice must contain a statement in the following
  form:
  "NOTICE OF PUBLIC MEETING TO CONSIDER THE COMPREHENSIVE
  SELF-EVALUATION REPORT OF THE (INSERT NAME OF SPECIAL DISTRICT)
         "The (insert name of the district) was created in (insert
  year) to (insert purpose for district's creation).  The district
  imposes a (insert type and rate of tax, type of assessment, rate or
  amount of assessment, and a general description of fees, as
  appropriate). State law requires the district to hold a hearing at
  least every six years to consider the district's comprehensive
  self-evaluation report. The hearing will be held on (insert date)
  at (insert time) at (insert location).  A copy of the district's
  comprehensive self-evaluation report is available at (insert the
  physical address of the district's main office, or the physical
  address of the main office of another local political subdivision
  if the district does not maintain an office, and the website address
  where the comprehensive self-evaluation report is posted if it is
  required to be posted on a website)."
         Sec. 399.005.  PUBLIC HEARING. (a)  The governing body of a
  special district must conduct a public hearing at which persons
  interested in the self-evaluation report are given the opportunity
  to be heard.
         (b)  Not later than the 10th day after the date the governing
  body of a special district that has at least 250 registered voters
  adopts the minutes for the public hearing, the district must post or
  submit the following in a manner required by Section 399.004(a)(2):
               (1)  the minutes of the hearing;
               (2)  the estimated number of members of the public in
  attendance at the hearing; and
               (3)  the number of witnesses testifying at the hearing.
         Sec. 399.006.  INTERNET WEBSITE.  (a)  This section applies
  only to a special district that has at least 250 registered voters.  
  Except as provided by Subsection (b), a special district shall
  maintain or cause to be maintained an Internet website to comply
  with this chapter.
         (b)  If a special district did not maintain an Internet
  website or cause a website to be maintained on January 1, 2013, the
  special district shall post the information required by this
  chapter on:
               (1)  the special district's website, if the special
  district chooses to maintain the website or cause the website to be
  maintained; or
               (2)  a website in which the special district controls
  the content of the posting, including a social media site, provided
  that the information is easily found by searching the name of the
  special district on the Internet.
         Sec. 399.007.  ALTERNATIVE POSTING REQUIREMENT FOR CERTAIN
  WATER DISTRICTS. (a)  This section applies only to a special
  district that has at least 250 registered voters and that is a
  district as defined by Section 49.001(1), Water Code.
         (b)  Notwithstanding any other provision of this chapter, a
  special district that is required by this chapter to post
  information on a website may satisfy the posting requirement as
  provided by Subsection (c).
         (c)  A special district may:
               (1)  post the information required by this chapter on a
  website authorized by Section 399.006; or
               (2)  electronically submit the information to the
  executive director of the Texas Commission on Environmental Quality
  to be posted on the commission's Internet website on a web page
  dedicated to the district, provided that the web page:
                     (A)  is easily located by searching the name of
  the district on the Internet; or
                     (B)  is linked or automatically opened from a web
  address maintained or caused to be maintained by the district that
  is easily located by searching the name of the district on the
  Internet.
         (d)  A website described by Subsection (c)(2) or Section
  399.006(b)(2), and a web address described by Subsection (c)(2)(B),
  are not websites maintained by a special district for the purpose of
  other law.
         Sec. 399.0075.  TEMPORARY PROVISION:  EFFECTIVE DATE OF
  CERTAIN PROVISIONS RELATING TO CERTAIN WATER DISTRICTS. (a)  This
  section applies only to a special district that is a district as
  defined by Section 49.001(1), Water Code.
         (b)  A requirement in this chapter that a special district
  post information on a website or electronically submit information
  to the executive director of the Texas Commission on Environmental
  Quality applies beginning on September 1, 2014.
         (c)  This section expires September 1, 2015.
         SECTION 19.  The heading to Section 26.16, Tax Code, is
  amended to read as follows:
         Sec. 26.16.  REPORTING OF TAX RATES AND POSTING OF [TAX]
  RATES ON THE [COUNTY'S] INTERNET [WEBSITE].
         SECTION 20.  Section 26.16, Tax Code, is amended by amending
  Subsections (a), (b), and (e) and adding Subsections (f) and (g) to
  read as follows:
         (a)  Except as provided by Subsection (g), the [The] county
  assessor-collector for each county, including those that do not
  participate in the assessment or collection of property taxes,
  shall maintain or cause to be maintained [that maintains] an
  Internet website.  The county assessor-collector shall post on the
  assessor-collector's website or on the website of the county or
  shall provide on at least one of those websites a link to the
  location on the comptroller's website where may be viewed the
  following information for the most recent five tax years beginning
  with the 2012 tax year for each taxing unit all or part of the
  territory of which is located in the county:
               (1)  the adopted tax rate;
               (2)  the maintenance and operations rate;
               (3)  the debt rate;
               (4)  the effective tax rate;
               (5)  the effective maintenance and operations rate; and
               (6)  the rollback tax rate.
         (b)  Each taxing unit [all or part of the territory of which
  is located in the county] shall annually provide the information
  described by Subsection (a) pertaining to the taxing unit to the
  county assessor-collector of each county in which all or part of the
  taxing unit's territory is located [annually] following the
  adoption of a tax rate by the taxing unit for the current tax year.  
  The chief appraiser of the appraisal district established in the
  county may assist the county assessor-collector in identifying the
  taxing units required to provide information to the
  assessor-collector.
         (e)  The county assessor-collector for each county shall
  report the tax rate information described by Subsection (a) for the
  current tax year to the comptroller.
         (f)  The comptroller by rule shall prescribe the time and
  manner in which the information described by this section is
  required to be reported and published [presented].
         (g)  If a county assessor-collector or the county served by
  the assessor-collector did not maintain or cause to be maintained
  an Internet website on January 1, 2013, and the county has a
  population of 2,000 or less, the assessor-collector shall:
               (1)  post the information required by Subsection (a)
  on:
                     (A)  the assessor-collector's or county's
  website, if the assessor-collector or county chooses to maintain
  the website or cause the website to be maintained; or
                     (B)  a website in which the assessor-collector or
  county controls the content of the posting, including a social
  media site, provided that the information is easily found by
  searching the name of the county or the assessor-collector on the
  Internet; or
               (2)  provide on at least one website a link to the
  information on the comptroller's website, provided that the link is
  easily found by searching the name of the county or the
  assessor-collector on the Internet.
         SECTION 21.  Section 49.192, Water Code, is amended to read
  as follows:
         Sec. 49.192.  FORM OF AUDIT; ANNUAL FINANCIAL REPORT. The
  executive director shall adopt accounting and auditing manuals and,
  except as otherwise provided by the manuals, the district audit
  shall be performed according to the generally accepted auditing
  standards adopted by the American Institute of Certified Public
  Accountants. The commission shall require an audit or an annual
  financial report under Section 49.198 to include the information
  required by Section 140.008(c), Local Government Code. Financial
  statements shall be prepared in accordance with generally accepted
  accounting principles as adopted by the American Institute of
  Certified Public Accountants.
         SECTION 22.  Subchapter G, Chapter 49, Water Code, is
  amended by adding Section 49.201 to read as follows:
         Sec. 49.201.  DISTRICT DOCUMENTS ON COMMISSION WEBSITE.
  (a)  The executive director shall establish and maintain a separate
  dedicated web page on the commission's Internet website for each
  district that submits information described by Subsection (b).
         (b)  The executive director shall post the following
  information as soon as practicable on the dedicated web page of the
  applicable district:
               (1)  each audit, financial dormancy affidavit, or
  annual financial report filed under this subchapter; and
               (2)  each notice or other document electronically
  submitted to the executive director by a district as required or
  authorized by:
                     (A)  Subchapter B, Chapter 1251, Government Code;
  and
                     (B)  Chapter 399, Local Government Code.
         (b-1)  A requirement that the executive director post
  information filed or submitted as described by Subsection (b)
  applies to the executive director beginning on September 1, 2014.  
  This subsection expires September 1, 2015.
         (c)  The executive director may adopt rules necessary to
  implement this section.
         SECTION 23.  Section 140.006, Local Government Code, is
  repealed.
         SECTION 24.  (a)  Section 46.101, Education Code, as added
  by this Act, applies to a school district or open-enrollment
  charter school beginning on the effective date of rules adopted by
  the commissioner of education under Subsection (b), Section 46.101,
  Education Code, as added by this Act.
         (b)  Section 1251.052, Government Code, as added by this Act,
  applies only to a bond election ordered on or after January 1, 2014.  
  A bond election ordered before January 1, 2014, is governed by the
  law in effect when the bond election was ordered, and the former law
  is continued in effect for that purpose.
         (c)  Not later than January 1, 2014, the secretary of state
  shall make available on the secretary of state's Internet website a
  form of the voter information document described by Subsection (c),
  Section 1251.052, Government Code, as added by this Act.
         (d)  Not later than January 1, 2014, the Texas Ethics
  Commission shall make available on the Texas Ethics Commission's
  Internet website the guidelines required by Subsection (g), Section
  1251.052, Government Code, as added by this Act.
         (e)  The governing body of a school district or junior
  college district required to publish an annual financial statement
  under former Section 140.006, Local Government Code, shall publish
  an annual financial statement for the last fiscal year ending
  before the effective date of this Act for which the district has not
  published an annual financial statement.
         (f)  Section 140.008, Local Government Code, as added by this
  Act, applies only to an annual financial report for a fiscal year
  ending on or after the effective date of this Act.  An annual
  financial report for a fiscal year ending before the effective date
  of this Act is governed by the law in effect when the fiscal year
  ended, and the former law is continued in effect for that purpose.
         (g)  The changes in law made by this Act to Section 271.049,
  Local Government Code, apply only to a certificate of obligation
  for which the first notice of intention to issue the certificate is
  made on or after the effective date of this Act.  A certificate of
  obligation for which the first notice of intention to issue the
  certificate is made before the effective date of this Act is
  governed by the law in effect when the notice of intention is made,
  and the former law is continued in effect for that purpose.
         (h)  Not later than September 1, 2014, the governing body of
  a special district to which Section 399.002, Local Government Code,
  as added by this Act, applies that has issued debt or imposed a tax,
  assessment, or fee before the effective date of this Act must
  prepare a self-evaluation report as required by Subsection (a),
  Section 399.003, Local Government Code, as added by this Act, for
  the first comprehensive review cycle.
         (i)  Not later than March 1, 2014, the Texas Commission on
  Environmental Quality shall update the accounting and auditing
  manuals required by Section 49.192, Water Code, as amended by this
  Act, to include the information required by Subsection (c), Section
  140.008, Local Government Code, as added by this Act.
         (j)  Not later than March 1, 2014, the executive director of
  the Texas Commission on Environmental Quality shall adopt the rules
  necessary to implement Section 49.201, Water Code, as added by this
  Act.
         SECTION 25.  This Act takes effect September 1, 2013.
 
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